the virus. betty was the first to be admitted to the hospital and two days later, curtis was also sent to the icu. curtis seemed to respond well to treatment, but betty continued to go worse. she told her son she was ready to go. after hearing that news, curtis started to deteriorate. their son says he believes his dad was only fighting the virus because he thought they would pull through it together. nurses were able to bring them together one last time, and they died within an hour of each other. an icu nurse put betty's hand on curtis's arm and they held ontd each other until the very end. that's it for us. the news continues. i want to hand it over to chris for "cuomo prime time." >> when we hear about the stories, we say, they had a good life. it didn't have to end right now. but what if they could have had six more months or another year or two? ask their families how they feel about that, anderson. we both know the answer, having lost parents, you would give anything for a little bit more time. that's why we have to do everything we can to get past

this pandemic as quickly and as together as we can. thank you for telling their stories, as as, brother. thank you, anderson. i'm chris cuomo, welcome to "prime time." another day gone without the president deciding to lead us with a plan of action to fight the pandemic. instead, we now know what he meant by pressuring states to reopen schools, ready or not. without ever offering them a plan to help. if they don't reopen, he will punish the poorest students. he said he's going to pull federal aid, and the kids that get most of that aid are the neediest. many of them are white, by the way, and from families that may be trumpers. you may argue, wait a minute, the cdc is trying to help, they put together some guidelines to help states figure out how to reopen. you're right. but trump attacked the cdc for putting too much emphasis on those guidelines on safety.

calling the suggestions too tough and expensive. guess what, the cdc buckled. new recommendations are coming next week. question -- do you think they will make schools more or less safe? that's called a rhetorical question. and i told you the scientists would be silenced last night, do you remember? today, who don't we see? oh, yeah. fauci. no fauci at the task force briefing. i wonder why. because fauci is saying, we're not on the right side of the pandemic. that we shouldn't be complacent, that we're knee-deep in the crisis. so, the president wants you to ignore his own health officials to live in his covid-less la-la land. and at the same time, he says he should be given more credit, because fauci and others are seen as so credible. maybe if you start listening to fauci, and doing what fauci says you should do, you'll be seen as credible as fauci is.

but not now, and here's a reason why. trump just pointed to countries like germany, denmark, norway, sweden. he said schools are open there with no problems. so the u.s. should have no problems, right? you know how many cases germany reported yesterday? look on your screen. 279. denmark, 10. norway, 11. sweden, 283. the united states? single day record of the wrong kind, my brothers and sisters. 60,021. we topped 3 million cases today. those other countries are managing their outbreaks. they have plans and leadership at the top. we don't. we should be first, but we're the worst. arizona is a disaster. icu beds are almost all being used as cases surge. where is the plan to help them? hell, the governor's a republican, he said nice things about you.

help him, mr. trump. the school concern is going to grow with every day that we get closer to the fall and every day without a plan to help the states. my first guest says the right question isn't, can we open schools? of course we can. the real question is, can we keep schools open? dr. ashish ja, good to see you as always, brother. >> chris, thank you for having me on. >> so, whether you can keep schools open, meaning, are we going to go through with school, what we did with reopening and what is your suggestion about which way it's looking now? >> so, chris, here's the bottom line. i'm a dad, i have three kids. i desperately want them back in schools. we all want our kids back in schools. >> yup. >> the issue isn't, do you want kids in schools? the question is, are we ready to have schools open and stay open

throughout the entire fall? and there are two things that matter. and the size of the outbreak in the community, that dominates the issue. and the second, is your school ready? do you have the ventilation? do you have the spacing? do you have the testing? if you don't have all of that, you can will all you want, you can say, i want schools open all you want, you're not going to be able to keep them open, because teachers are going to get sick, staff is going to get sick, students are going to get sick. >> no, he says no. the president says, no, no, we're good here, because kids don't get as sick. and that's why the death rate is going on. so this is a good thing. even if they get it, they're okay. open the school, jha. >> well, look. you can open the schools, and if you can run schools without adults, just have the kids teach themselves, that would be great. two points. first of all, kids do get sick. absolutely not as often as adults. but second, you do need adults to run schools. and without adults, it's very hard to run schools. >> help me understand. put up the full screen of the cdc guidelines on reopening

schools. now, the president has pushed on them and they're going to put in ones out next week or something, but what here is too tough and too expensive? wearing masks can't be. staying home when appropriate, that's how it is now. staggered scheduling, backup staffing plan, modified seating, closing come unial spaces. there was a suggestion by the white house, well, they also want some kids to bring lunches to school. do you see any of that is onerous? >> i see all of that as basic. that's the minimum. i think the cdc should have gone further. where is the testing protocol? where is the real aggressive surveillance program? cdc toned this down. i know the scientists at the cdc, they're world class. they toned this down. >> they're going to tone it down more, based on what we heard today. >> i'm worried about that. here's the bottom line, chris. you can't bluff your way through this virus. you can't tone it down with the virus.

the virus is going to do what it is going to do. and we've got to be smart and we've got to outsmart the virus. and the cdc plan isn't good enough, and if it's toned down further, it's definitely not going to be good. >> why is california going through what it's going through? hospitalizations, 44% up, two weeks. icu, 34%, meaning those going to the hospital aren't just sick, they're sick sick. testing, 100,000 a day at 8%. these numbers, why so much growth? why so many positive tests in just the last two weeks? >> i have to tell you, i'm puzzled. gavin newsom was one of the country's leaders initially. >> yes. >> he did a great job in march and april. i don't understand what happened, but it feels to me like he let his foot off the pedal and let a lot of counties open up way too fast. didn't react fast enough. i'm a fan of gavin newsom, but his performance in the last

couple of weeks have not been as science and evidence-based as i would like him to be. >> i would love to talk to them, the governor and his officials, they have an open invitation, and that stands. arizona has a 25% positivity rate with its testing. and they are about to start doing, we're going to take this on with a doctor on the front lines, they're starting to do, like, italy-type triage there. jha is sick, cuomo is sick, we can only help one. which? really? shouldn't there be federal emergency response? >> i don't know what to tell you, chris. look, this is unbelievable, at this point in the pandemic. we are six months in and i thought we had this under control, i thought we would have a federal response. but we're just letting the ball drop. and so that's why we have state after state struggling and it's a real problem. >> i've never had a conversation with someone like you about something like this where i

wasn't standing in haiti or the middle east and crying out on behalf of people that the united states got to get over here, we need the people with money and the doctors to help and here we are with in the united states. amazing. dr. jha, thank you for keeping us on the path of truth here and figuring out where we can find some light. appreciate it. >> thank you. i know the numbers get numbing. and they don't capture the distress in places like arizona. so, i propose this. come back, let's go to a doctor on the front lines and you'll hear for yourself why she says they can't keep up. why no one is antsing their calls for help. and as a result, they may be forced to do something you can't believe would happen in this country, next.

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well the names have all changed since you hung around but those dreams have remained and they've turned around who'd have thought they'd lead ya back here where we need ya welcome back, america. it sure is good to see you.

arizona is now ground zero in this pandemic. we have to spend time there and figure out why and help these people. there's real concern about the state's ability to fight it on their own. you wouldn't know that listening to the head of the white house task force today, of course, our vice president. >> we're actually seeing early indications of a percent of positive testing flattening in arizona and florida and texas. and in arizona and florida, we're beginning to see declining numbers of emergency room visits as well. >> look, i know somebody else is giving the numbers. and i know fauci said just today

he believes the vp is doing a good job. i trust tony fauci, so, i guess he's seeing something that we're not. but we're going to go to arizona right now, okay? and we're going to talk to somebody who is on the front lines, seeing the reality, without any politics. 145 icu beds, that's all they've got left. 2,008 covid patients admitted to the e.r. their positive rate is 25%. supposed to be in the low single digits. arizona, not flattening. fact. let's talk more about what happened, this is not about politics. okay, we don't do that to doctors. let's bring in dr. hannah dillon, she's an anesthesiologist who is treating covid patients in tucson. doctor, thank you for what you are doing for your community. >> thank you for having me, chris. >> so, forget about anybody else, let's just talk about what's going on in the walls where you work. what are you seeing in terms of hospitalization rates and the types of cases and the ability

to deal with them? >> so, our hospital has been doing everything we can to expand our capacity to take this increasing surge of patients. but the patients don't seem to be slowing down. our icus have been full in arizona for some time. i know we have beds available here and there and we have something called a surge line, that allows hospitals to transfer patients between various institutions, where there are resources. we've been doing that now for some weeks, having to transfer two patients to a hospital that has two beds for them. and the next day, our hospital accepts a patient or two. that has a bed for them. so, it has been a real challenge to get patients the care that they need and the physicians, the nurses, our excellent health care teams, are really being stretched to their limits at

this time. >> are you seeing people get sick in your ranks? >> we have had a few people get sick amongst us. fortunately, nobody has gotten really sick yet. >> good. >> we are doing a very good job with ppe and we have adequate supplies for that, so, at least that's slightly better situation than our country was in two months ago. >> so, if i were to take the position, all right, so, you guys are great, you're dealing with the problem, but you seem to be able to hand it so far, why the concern? >> so, the concern is that every day we're seeing increasing numbers, not decreasing numbers. and with that pattern and with the amount of work we are already doing across the state, to transfer patients and to expand our capacity to care for patients, we do worry that there will, at some point, come a breaking point, a point where our system cannot stretch further.

icu nurses, for example, as incredible as ours are, cannot safely care for more than two to three patients with covid. it's a complex illness. it affects patients in many ways. and they are very demanding patients. it would not be safe to stretch our staff more than that. and so, humans are our greatest resource right now, our nurses, our physicians, and we are only able to stretch ourselves so far. >> now, this idea -- i want to make sure i get this right. you helped write the crisis standards of care for arizona. so, you know the rules very well. we're being told that you may get to a point and soon where you have to start making really tough choices about whom to help and how. help me understand this. what are we talking about here? >> so, no physician, chris, ever wants to be in the position to

even have these conversations. it's uncomfortable for us to even talk about, because we enter this profession with the belief that all life is valuable and worth saving. and that we will do our best to care for every single person who needs our help. a few months ago, when we were watching the situation unfolding in new york and other places around the world, we started to realize we might have to make plans for the absolute worst case scenario. the crisis standards of care is a very large set of guidelines that arizona uses to guide its decision making when we reach really severe levels of this pandemic. >> what kind of choices do you have to make? >> so our resources are strapped in some ways. it's not ventilators anymore, as you guys experienced in new york. >> right. >> but we're looking at, you

know, we only have so many ekmo machines in the state of arizona. that machine takes blood out, oxygenates it, and returns it to the patient's body. we don't have any of those available, so, if a patient were to be so critically ill that a ventilator just wasn't enough, they would have a hard time getting placed on those machines in arizona. we have dialysis machines for patients for whom the coronavirus affects their kidneys. there's a limitation to how many of those we have. >> so, you may have to start making choices about who gets this kind of care, even though you may have three or four equal patients? >> we absolutely hope never to get to that point, but we felt that those of us who authored that portion of the crisis standards of care felt that it would be short-sighted not to prepare for that eventuality of that. >> how far are you from that? >> i don't really know the answer to that. we are prepared, if it comes an inevitability, but we're not there yet. >> how do we keep you from

getting that? >> we need people. we need nurses, patient care technicians and respiratory therapists to help us. >> i haven't heard the governor put out the call. we're not talking politics. i don't want you to. but just tell me this, is it clear, this need, on all levels? this isn't something you guys are just keeping to yourself, or that other people say, no, no, listen, i know dillon, she's a good doctor, she's wrong about this, there's a whole different policy way to look at it. is there any gray area here, or is everybody on the same page about the need? >> i think that there has been some good effort. my hospital received about 40 support physicians, nurses, paramedics, from a medical disaster relief team and they've been doing a tremendous amount of good, so, we are getting help, it's just that the case numbers are rising so quickly. >> you need more. >> it's very hard to keep up with our needs. >> now, texas has some military personnel going there.

do you guys have a request in for that? >> i believe our hospital does. but we are competing with other hospitals across the state of arizona who are just as desperate as we are. >> but we haven't heard about any military going to arizona yet, have you? >> i haven't. >> oh, my. listen, dr. dillon, here's what we can do. i'm privileged to be able to tell you a story because i've heard, we've been in and out of arizona with our reporting, i know how hard you guys are working, i know how much you love your communities and i know how much the communities there come together in times of need. as the situation progresses, you have an open invitation on this show to tell us what is going on and what is needed. i promise you, people in positions of power are aware, and they will be made aware of this segment that the need is great in arizona, and they have to answer why they're not addressing it. >> thank you so much, chris. >> all right, dr. dillon, god bless you and your teammates there. stay healthy and thank you for

helping. >> thank you. >> boy, oh, boy. can you believe that? in america? in arizona? why aren't they helping? does anybody have an answer? i know a lot of congressmen are listening to this. why? do something about it. do your damn job. instead of dealing with what i have to talk about now. the latest attack on the effort to stop racism in this country. the attack against the effort to stop racism. these people, they're causing a major crime wave. you've heard it. let's look at the facts, and the reasons behind them. and then you judge who and what is to blame. let's get after it. lash sensational mascara from maybelline new york. lashes go soft, supple and fully fanned. exclusive fanning brush. every lash sensational. now in midnight black

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the number of homicides are spiking. look at the data. new york, chicago, lose ville, philadelphia, new orleans, denver, miami. and the white house says it cares. >> i didn't receive one question about new york city shootings doubling for the third straight week and over the last seven days shootings skyrocket by 142%. not one question. we need to be focused on securing our streets, making sure no lives are lost. >> now, they have offered no way to do those things. so why do they care? well, they care if they can blame it on their opponents. but let's see how ms. i won't lie to you and the rest of team trump feels after he drop some truth on their roof. the increases started in june. you say, hey, isn't that the same time as the protests, all those calls to defund the police? that's got to be the reason. see in you turn on the cops and

the criminals run wild. that's why she wants questions about it, to say that, right? but what else started in june? well, states started lifting stay at home orders then, didn't they? well, you don't know that that's what it was. okay, then why in april and may, when businesses were closed and we were all forced to stay home, were home sides down? also, homicide rates, as you may know, almost always spike in summer. why? kids are out of school, more people are out in general and in contact with each other. more chance for beefs, good and bad. add it to a seasonal increase in drug consumption and you get more of us at our worst. but this year is unique. people are not out and about as much, or at least they shouldn't be. another curveball. homicides are up in 25 american cities, but overall, crime is down. why? we can't really know, because our federal government under

trump has not improved slow and incomplete reporting on such things. but here's what we do know. during the pandemic, reports of domestic violence, spiking. calls to mental health hotlines, same. overdoses, same. all reasons to end the pandemic as soon as you can. you know, with a plan, mr. self-appointed wartime president. or you can just go after the reasons that were here long before covid and will remain long after, if things stay the same. entrenched poverty, a culture of exclusion that leads to crime and killing and tragic faces like these. six dead kids shot over the holiday weekend, between the ages of 6 and 14. they weren't targets. they were living in the wrong place at the wrong time like too many generations of kids before them. violent crime rates have been falling for decades. but that stat belies the reality that black lives just don't seem to matter as much.

black people are still ten times more likely to lose their life in a shooting than whites. chicago had 1,200 extra officers patrolling the fourth of july weekend. it's not enough. why? because cops can't change poverty. desperation that leads to crime and killing. if your life seems to have few good options, legit legs up are few. college is a pipe dream. good jobs seem to not exist. as krs-one asked for all poor black kids, what the hell do you think they're supposed to do? here's what the president says. >> we're fixing the inner cities. >> we're doing far more than anybody's done, fixing the inner cities. it's very important to me. >> he's lying, period. income inequality is the highest it's been since the government started tracking it five decades ago.

this administration has only made it harder to be poor. how? kicking families off food stamps. reducing access to medicaid and dozens of other federal aid programs. the administration is currently rolling back fair housing rules zuring a pandemic. he's tried every year of his administration to cut billions from public housing. he's also tried to get rid of help for minority businesses. before and afterschool programs. low income heating assistance. rental assistant. and job training. now, historically black colleges and universities just got a boost from trump. let's tell it both ways. but when it comes from k to 12, we spend way less on black kids than white, even when you adjust for poverty. when it comes to guns, you know where we are. even things with bipartisan support like universal background checks are stuck. waiting for word that the president is onboard. even the crickets are getting tired. the trumpers have spent years

quietly making it easier to buy, sell and move guns. he has never even said there is systemic racism, or that the outraged deserve recourse. he has no position on confederate flags flying in america in 2020. and he basically blames the recent crime increases on the black lives matter movement. but he wants you to believe he's about fixing things. don't believe the hype. know the history and compare it to his story. the two are very different. we're losing too many lives. you got this crisis, you got covid, but ohio's governor just did something that is no doubt going to save lives. he just issued something that you don't like hearing, especially from the right side of the aisle. mandatory mask orders in counties where infections are surging. what changed his mind? how can he enforce it? how will he deal with the

political blowback? does he care? next. [ thunder rumbles ] [ engine rumbling ] [ beeping ] [ engine revs ] uh, you know there's a 30-minute limit, right? tell that to the rain. [ beeping ] for those who were born to ride, there's progressive.

just over three hours ago, ohio's gop governor mike dewine made mask wearing mandatory for seven counties that have been hit hard by the coronavirus. the decision comes as his state continues to see a spike, with the fourth-highest number of cases daily. governor mike dewine joins us now. it's good to see you. i'm sorry it's under these circumstances. but i want you to have this platform to make your case for what's happening and what you believe will happen. why do you think the state has taken a downturn? >> well, i think, you know, summer is here. people are out, people are moving around. chris, i don't think there's any secret about what is going on

across this country. and, you know, when we had people staying home, they didn't have as much contact. i spent some time on the phone talking to different health directors in the different counties, i called all seven counties the other day. i said, what's causing this? the answer is, look, people are out. these are sometimes big family events occurring, sometimes a wedding, sometimes a funeral. sometimes they're going to a bar. you know, all kinds of things. some of that is, of course, an institution such as a nursing home. but the majority of it is not. most of it is community spread, people are moving around. and our message continues to be the same, this is a mask that fran made, an ohio mask here. and our message is, people need to wear these. and we need to focus on what we have to do.

that we can go about our lives, we need to learn to live with this virus, but if we're going to live with it, if we're going to continue for the economy to grow and for people to have jobs, we need to be very careful. we're going to have to observe the six feet, we're going to have to wash our hands, we're going to have to wear masks when we're out in public. these are just very essential things. >> you know, nobody should be happy to hear that you've had to make masks mandatory in counties, because that means you have great need. but what is easy to dislike is what seems to be a pattern of republican governors not doing what you just did. and desantis, he's got every reason, times several fold, to do what you just did. abbott waited too long, now he's in quick backpedal mode. arizona, you know what is happening there. is it fair to say there is some

type of political element to a decision to put masks or not in some of these states? >> no, i mean, look. this is a matter of public health. you know, chris, you and i have talked about this before. we originally put out an order that said that anybody in any workplace has to wear a mask. and that has worked, i think, very well. in many cases, not all cases, but in many cases, the safest eight hours a day for someone is the time that people are at work, people are following the protocols at work and they are, by and large, doing a very good job. we talked about to put out a mandatory mask for everyone in public, it was clear early on there was not only not support for that, but there is a big, huge pushback and that was not going to work. but what we've now done is we've taken all of our 88 counties, and measuring the amount of spread. we have four colors.

the third level is -- there's four levels, the third level is red. and the seven counties that we put the mask order in at 6:00 p.m. tonight are all counties that are unfortunately moving forward with the coronavirus, and we've got to stop it. 6 >> right. >> and part of this is, it's not just -- we want people to wear a mask, but putting a mask order on is another way to signal to people, just like the red is a way to signal to people, look, your county is different. this is -- it's spreading, it's spreading very quickly, we've got to get on top of this. >> look, that's leadership, gov. i don't need to tell you. you've been doing it, you've been deliberate in how you do it. you're not a rush to judgment kind of guy. the reason i bring up the politics is, again, i give you the platform because you deserve it. you're doing something that is not popular, but that's leadership. to my point, you got the sheriff in one of your counties, you

explain this to me if it's not about politics. you make the order, it's based on the numbers. i know you know what i'm talking about, but let the audience listen to this man. >> i'm not going to be the mask police. don't call 911. we tell people, if you want to call the governor's office or call the health department, they can put a yellow light on their car and they can stop people for it. i'm not going to do it. should be a choice. you shouldn't have to wear a mask if you don't want to. if you're sick, that's one thing, but when our governor goes ahead, he's a nice guy and he's doing the best he can, but he's not communicating with the people in the communities. >> who is this guy? does this guy want court job? he's right, you're a nice guy, but you're also his governor. he doesn't get to decide which one of your laws he enforces. how do you account for that? >> sheriff jones is a friend of mine. he and i do disagree on some issues. >> some friend. with friends like that, who needs enemies? >> well, you know, but you know,

chris, really, we're not looking to arrest people. we're not looking to -- >> but what message does that send, gov? you're doing something that is difficult. it's easy to do nothing. in a situation like this, we see it every day on high. what i'm saying is, what do you do, if someone like him doesn't want to enforce it? >> the law is a teacher. the law sets norms for society. we had already seen, you can't prove it, but we had already started to see a significant increase in people wearing masks around ohio. and i tell you something we started, i guess two weeks ago, we're on tv with some, i think, very compelling ads, not mike dewine talking, but medical people talking. doctors, nurses, and basically saying, look, we need to wear a mask. we need to protect each other if our economy is going to move forward and our businesses will

not shut down -- >> that's right. >> you know, we've got to move forward. we have a businessman, he owns a bar and a restaurant, he ends the ad, he's looking at people, he says, hey, we can all do this, but we've got to be careful. we need to wear the masks. >> all the families who want their kids to go back to school. you can't put them into school where the cases are spiking. you know, i mean, it would be political suicide to do that, let alone irresponsible. i hear what you're dealing with, governor, i know you are trying to get ahead of it, because we know what happens if you don't. >> well, what we are telling people, everybody wants to see friday night football, high school. >> sure. >> we want to see saturday football with ohio state. we want a lot of different things to occur. we want our kids, as you say, back in school, actually in the classroom. what we do now over the next several months, you know, the next six weeks, is really going to determine what that fall looks like. and that's been my message to my

fellow ohioans. we can do this. we can do this. we've got to keep the mask on. and look, we don't have to have 100%. if we get 80%, 85% of the people out there who are walking in stores are wearing a mask, already everybody in that store who is working there is wearing a mask. and that's been true for the last three months. so if we can get 85% of the people who walk in stores to do that, and i think we can, we're going to slow this thing down dramatically and make the fall a lot better fall for all of us. >> i'm happy to give you the platform to make the pitch. that invitation is always open. test your friendship with the sheriff, see if he'll do an ad and over the top of the soundbyte, you can put, don't be this guy. >> i'll see if the sheriff will wear a mask. >> he may have to to hide himself after that. governor, good luck. thank you very much. be safe, and be healthy. >> thank you. thanks, chris. >> take care, governor. can you believe that, like, that's tough now? it should be a choice.

i don't -- what? yeah, it should be a choice until people don't make the right choice. and the numbers are suggesting that you're an extremist. that's what leadership is. amid all the heartache, we haven't forgotten about the death of george floyd. you can never do that. you can't. means too much. one of the police officers charged is trying to get the case against him thrown out. and through that effort, we just learned a lot more about what was really said by that officer but also by george floyd in his final moments. what both mean for the case. counselor coates, next. a lot of folks ask me why their dishwasher doesn't get everything clean. i tell them, it may be your detergent... that's why more dishwasher brands recommend cascade platinum... ...with the soaking, scrubbing and rinsing built right in. for sparkling-clean dishes, the first time. cascade platinum. hey it's me, lily from at&t. i'm back working from home and here to help. hey lily, i'm hearing a lot about 5g.

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i was trying to look up that one song from boogie down productions. all right. now, back to the matter at hand. more than 20 times, all right, some context. what was george floyd saying to

these officers? what were the officers saying to each other? now, you know that he was communicating he could not breathe. but we had never heard the actual footage of the body cam. all right? which will be a big part of the official record. we now know, though, because of a new court filing, what's on those cameras. okay. specifically, because lawyers for one of the officers charged in his death, are trying to get his case removed, dismissed. now, we haven't seen the body cam video. but this filing includes an 82-page transcript. so there's lots to dig through. no better to do it with than laura coates. floyd was telling them, laura, he couldn't breathe, before they had him on the ground. what does that mean? and accent that with, at the end, his aspects, tell my mother i love him. tell my family i love 'em.

that type of talk. s significance? >> well, this case remains heartbreaking, even with this transcript. we don't know about the tones that were used. we don't know about the demeanor of anyone speaking. all we see is sort of the black and white issues of what is in type. what we see really gives a clearer pirg clearer picture and it has a couple interesting points. number one, we were all led to believe in many respects, that the very first time he indicated inability to breathe was that he was on the ground, under the knee of officer chauvin. but apparently, before that, he experienced some fear of his claustrophobia and the reason he did not want to go into the back of a squad car. i remember you talking about why do they keep moving him around? well, part of that was that he wanted to get out of the squad car. he felt claustrophobic. he was concerned about being inside there. he had apparently been shot before. >> he told officers he's

claustrophobic. he couldn't breathe. when they were trying to get him in the squad car. now, you can have the whole argument about whether they believed him or not, but we now know that was actually something being said. he asks lane not to shoot him. and then, you go to the other side. thomas lane may have a case that he did say to chauvin, should we turn him around? turn him on his side. i'm worried about this. but he never got off of him. and his argument will be, well, i didn't know what else to do. how strong is that, legally? >> right. well, the idea that he was just following orders, we know over the course of history, is what people have actually said. however, it has to persuade a jury that he really did not understand that the probable cause of the action of chauvin was going to result in the killing of a human being. he can't just blindly follow and pretend as though he's a rookie, and that's the only reason he's not doing anything, if he knows better as a human, as an experienced officer. even of four days. but here's the thing. it's an interesting conundrum they have in minnesota because, remember, on the one hand,

officer chauvin, who has the lead charges of second-degree murder and manslaughter. those are non-intent. unintentional-based crimes in minnesota for what they're charging him with. but the aiding and abetting lane and the others are charged with is actually intent based. they have to prove they knowingly engaged in behavior, to try to insist someone committing a crime. so his defense will really be i didn't know a crime was being committed. i was following my commanding officer, and i didn't intend any of this. >> going to be an interesting question. we'll follow it with you. laura coates, thank you. we'll be right back. it was built on blue-collar, hard work. hard work means every day. getting it right. it's so iconic, you can just sit it on a shelf if it's missing, you know it. your family, my family, when they drink that coffee, and go "man, that's a good cup," i'm proud because i helped make that cup. ♪

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tonight's ameri-can't. ohio state rep nino vital. he first made headlines in may when he said wearing a mask would dishonor god. he still hasn't masked up.

now, he's barking up his state's new mask mandate, ordered by governor dewine, who you just heard from. you know he has to do it. the representative cries, quote, are you tired of living in a dictatorship yet? this is what happens when people go crazy and get tested. stop getting tested. it is giving the government an excuse to claim something is happening, that is not happening at the magnitude they say it is happening. what a dummy. someone needs to give him the memo. covid is killing us. testing, masks, distancing, wash your hands. that's our best hope. not this talk from this guy waving religion around. wwjd is what he is telling you right now. you really think that would be the instruction? remember the new model by the white house, if 95% of us wore masks, we could save 45,000 lives by november. get tested, if you can.

vital just failed his test, and it was one of leadership in this pandemic. he's a demagogue, not a leader, and that makes him an ameri-can't. thank you for watching. cnn tonight with d lemon starts right now. >> what are these people -- i mean, come on. really? >> that guy is irish. nino vital. couldn't be more italian than that name. >> i'm not getting in on that thing. but i mean, how -- i wonder if these people work for the pretzel companies. like, they should open -- like, start a pretzel business. because they got it twisted. and, well, it's religion. it's -- you know, you -- >> you can't wear a mask. you don't see one on jesus. >> chris, what is happening? have you seen the videos of these people in the stores, who are like